Article 1. Applicability
1.1 These general terms and conditions apply to all offers and agreements between “S&H BV /Davjon”,
hereinafter referred to as Davjon, and the client of whatever nature.
1.2 In these conditions, “clients” means the client or any person who enters into or wishes to agree with
Davjon, or for whom Davjon makes an offer or carries out delivery or performance, as well as their
successors in title.
1.3 The terms of purchase and other conditions the client declares applicable are not binding on Davjon
unless they have been accepted by Davjon in writing. Such acceptance cannot be inferred from the fact
that Davjon leaves unanswered a message from the client that it does not accept Davjon’s terms and
declares its terms applicable.
Article 2. Offers
2.1 All offers, quotes, and quotations made by Davjon, in whatever form, are non-binding, unless
expressly agreed otherwise in writing.
2.2 All images, drawings, and data on weights, dimensions, colors, etc. are approximate. Deviations from
reality cannot in principle lead to compensation and/or free disintegration.
2.3 Davjon reserves the right to reject orders without giving reasons, to demand (partial) advance
payment or to demand a guarantee (instead of security).
Article 3. Assignment
3.1 The customer is fully responsible to Davjon for the correctness of the information specified in the
order. The completed order is binding on the customer.
3.2 Davjon allows the customer to place orders by e-mail, letter, or website. Upon receipt of the
electronic invoice, the customer is obliged to pay the total amount of the order immediately, unless the
customer and Davjon have agreed otherwise in advance in writing. Purchase orders must include the
customer number, the correct item numbers, and the correct order unit.
3.3 Davjon has the right to rely entirely on the content and form of orders placed using the Customer
Identification. Accordingly, Davjon has the right to deliver and invoice the customer whose Customer
Identification was used, as well as to demand payment from this customer for orders placed under its
Customer Identification. The customer is fully and solely responsible for the use and confidentiality of
the Customer Identification provided to it by Davjon.
Article 4. Conclusion of contracts
4.1 An agreement is concluded after Davjon has confirmed receipt of the order in writing or by e-mail, or
after Davjon has started to fulfill the order. The order confirmation is deemed to accurately and
completely reflect the agreement unless the customer objects to it in writing within two working days.
4.2 Additions and changes to the agreement are binding on Davjon only if they have been confirmed by
Davjon in writing.
Article 5 Prices
5.1 All prices and tariffs are in euros and do not include VAT and shipping costs. Prices are displayed on
the product information pages and during the checkout process both excluding and including VAT.
Article 6 Payment
6.1 Unless otherwise agreed in writing, payment must be made in advance by deposit or transfer to a
bank account specified by Davjon or by credit card or Master Cash / Bancontact. If payment by invoice
has been agreed with the customer, the total amount must be transferred to the bank account of
Davjon within 14 days of the invoice date. The value date shown on Davjon bank statements is
considered the payment date.
6.2 Until Davjon has received a credit limit from the customer, delivery will only be made subject to
advance payment of the invoice. A credit limit can be requested upon request at the first order. (Semi)
governmental institutions may make purchases directly on account. Private customers must always pay
in advance.
Article 7. Retention of Title
7.1 All goods delivered remain the property of Davjon until the customer has fully met his payment
obligations arising from the contract.
7.2 The customer is not entitled to transfer, pledge, or tacitly pledge goods delivered to Davjon to third
parties until the entire purchase price and any related expenses have been paid in full.
7.3 If the customer fails to fulfill or does not fully fulfill any obligation arising from the legal relationship
with Davjon, in particular the obligation to pay, Davjon shall have the right to take back the delivered
goods upon notice of default, provided that if the agreement is terminated without judicial intervention,
it shall be terminated, without prejudice to “Davjon’s right to claim damages and interest.
Article 8. Time and delivery
8.1 All (delivery) times specified by Davjon are approximate and have been determined based on data
and circumstances known to Davjon at the time of the conclusion of the contract. The specified delivery
times will never be considered as deadlines. If a change in data and/or circumstances, regardless of their
foreseeability, leads to a delay, the delivery date will be postponed accordingly, without prejudice to
what is defined below concerning force majeure.
8.2 Exceeding the delivery times specified by Davjon, for whatever reason, will never entitle the buyer to
compensation or to default on any obligations imposed on him under the relevant agreement or a
related agreement.
8.3 The maximum delivery period is 30 days unless otherwise agreed. If this delivery period proves to be
unrealistic, Davjon will inform the customer in good time and offer the possibility to terminate the
agreement. Any prepaid amounts will be refunded to Davjon within 30 days.
8.4 If it has been agreed that services and/or deliveries are to be carried out in stages, Davjon may defer
the performance of services and/or deliveries of subsequent stages until the customer has confirmed
completion of the previous stage in writing and has fulfilled all of its (financial)) obligations for partial
deliveries. In the case of partial deliveries, Davjon has the right to invoice them separately.
8.5 If the goods are available to the buyer after the delivery period has expired but have not been
accepted by him, the goods will be kept at his disposal at his expense and risk.
8.6 Unless otherwise agreed in writing, delivery is made ex-warehouse or manufacturer. From the
moment the goods are received by the buyer, all risks of loss, deterioration, damage, etc., regardless of
the cause, pass to the buyer.
8.7 Delivery is always made behind the first threshold of the first door, except for shipments on pallets.
They are delivered to the first threshold or directly outside the warehouse door, which can be reached
with a pallet truck.
If you instruct the courier to deliver beyond the first threshold of the first door, you can expect a
subsequent settlement according to the market. An exception is deliveries of pallets that are larger than
a standard Euro pallet. These goods are delivered unloaded and you must arrange for their unloading
from the truck yourself.
8.8 The dispatch of pallets and parcels is always carried out by the carrier and/or courier once during
working hours. In the event of your absence, a second delivery attempt may incur an additional charge
of a maximum of €50 excluding VAT for delivery on pallets.
8.9 No rights can be derived from the additional address line offered during the ordering process. This
additional address line is offered to business customers and is intended for the internal routing of goods
flows or for a reference number from the ordering system used by the customer.
8.10 If the customer does not regularly dispose of the transport packaging after signing the act of receipt
of the goods, any financial environmental penalties will be borne by the customer. Davjon has the right
to recover these costs from the customer.
Article 9 Transport
9.1 Davjon determines the method of transport, delivery, packaging, etc. The delivery/transportation of
the goods is carried out at the expense and risk of Davjon until the goods are received by the buyer.
Business customers must report any damage and defects during transport within 24 hours using the
returns form. After this period, any right to a replacement or compensation lapses. Visible damage to
the packaging must be reported immediately to the carrier. If you fail to report this, the right to a
replacement or compensation will be lost.
9.2 If the customer returns the goods, this is entirely at the expense and risk of the customer. If the
goods returned by the customer are damaged or lost, the customer is responsible for the corresponding
costs.
Any outstanding amounts for the order in question must be paid in full by the customer at any time.
Only if the goods have arrived undamaged at the return address will Davjon refuse outstanding amounts
or refunds already paid following our return conditions.
9.3 If you refuse the shipment, our standard return conditions apply to our business customers following
the return conditions on our website. For private customers, Davjon always complies with the Distance
Selling Act.
Article 10 Complaints
10.1 The buyer is obliged to check the goods for defects immediately after delivery. Any complaints
regarding delivered goods will only be processed by Davjon if they are reported within 14 days of
delivery (except for damage during transport, defects, and damage discovered after opening the
packaging, which must be reported within 24 hours) via a known returns form to Davjon, specifying the
exact nature and cause of the defects and stating the invoice number or, if none, the delivery note or
order confirmation. After this period, the customer is deemed to have approved the delivered goods.
10.2 Minor deviations in the quality of the delivered goods, technically unavoidable or generally
acceptable in trade, cannot serve as grounds for complaints or termination of the contract.
10.3 Complaints about invoices must also be submitted in writing within 14 days of the invoice date.
After this period, the customer is deemed to have approved the invoice.
10.4 The return request must be made via the return form, quoting the invoice/order confirmation
number and providing a clear description of the item numbers and quantities within 14 days of receipt.
The RMA department will review your return request and notify you via email if the request has been
approved.
An approved return request (RMA) is valid for 14 days from the date of issue. Within the
aforementioned 14-day period, the product must be sent to the Davjon return warehouse.
Unless there is a clear error on the part of Davjon, return shipping costs are the responsibility of the
customer.
Once the return request is accepted, customers will receive a return link that will allow them to create a
return label for the return of the registered product. Return shipping costs will be deducted when the
return shipment is credited.
A collection from the registered address is available upon request for an additional fee. If this is
necessary, please notify the RMA department along with the return request.
Only complete products, undamaged and in their original packaging, without (printed) adhesive tape
and without written text on the original packaging, may be returned and subsequently accepted, if they
comply with our terms and conditions of return.
The customer bears full responsibility for the returned goods (see also point 9.2).
The Distance Selling Act applies to consumers.
Crediting will take place no later than 14 days after receipt of the return shipment.
10.5 Business customers must pay the credit note for all outstanding debit invoices. If there are no
outstanding debit invoices yet, the credit note will remain available for payment. The credit note will be
returned upon written request by the customer. All outstanding credits from business customers expire
12 months after the date of the original purchase agreement.
Article 11 Warranty and Liability
11.1 Davjon warrants that the goods delivered comply with the usual requirements and standards that
may be required of them and are free from any defects.
11.2 Proof of purchase is proof of warranty. Davjon does not provide any warranty or service for goods
not purchased from Davjon.
11.3 “Davjon” is never liable to pay any compensation to the customer or others, except in cases of
intent or gross negligence on the part of Davjon.
11.4 Davjon is never liable for indirect or business damage, consequential damage, and loss of turnover.
11.5 If Davjon is liable for any damage for any reason, the compensation will never exceed an amount
equal to the invoice value of the product or service that caused the damage.
11.6 Without prejudice to the provisions of this article, no guarantee can be given if wear and tear can
be considered normal, as well as in the following cases:
a) If changes have been made to the product, including repairs that have not been carried out with the
permission of Davjon or the manufacturer;
b. if the defects are the result of improper operation or misuse;
c. if the damage is caused by intent, gross negligence, or carelessness.
11.7 The customer is obliged to indemnify Davjon against any claims that third parties may bring against
Davjon in connection with the agreement unless the law prevents the customer from recovering the
corresponding damages and costs. The customer is obliged to return the goods to Davjon to ensure a
proper assessment and settlement of the guarantee claim. If the complaint is found to be justified,
Davjon undertakes to deliver an equivalent product, unless otherwise agreed.
11.8 Davjon follows the manufacturer’s factory warranty of the respective manufacturer. By default, this
is the warranty, unless otherwise stated on the defective product page. In the event of user error,
investigation/repair costs may be incurred. These costs will always be communicated to the customer
before repair.
11.9 In addition to these warranty provisions, the statutory warranty provisions remain in force for
consumers. The legal warranty is what you can reasonably expect from the product.
Article 12 Force Majeure
12.1 In the event of force majeure, Davjon is not obliged to fulfill its obligations to the customer, or the
obligation will be suspended for the duration of the force majeure.
12.2 Force majeure means any circumstances beyond its control that prevent it from fulfilling its
obligations to the customer in whole or in part. Such circumstances include strikes, fires, business
failures, power failures, natural disasters, failure to deliver, or delays in delivery by suppliers or other
third parties involved. Force majeure also includes failures in the (telecommunications) network or the
communication systems used and/or the unavailability of the website at any time.
Article 13. Default
13.1 The Client shall be deemed to be in default by operation of law and the (remaining) debt shall
become immediately payable if:
a. The Client fails to fulfill any of the obligations under the Agreement, in particular payment, or fails to
fulfill them within a reasonable time;
b. Davjon has reasonable grounds to fear that the Client will not pay or will not comply with a written
reminder stating the reasons for declaring its willingness to fulfill its obligations within a reasonable
period specified in such reminder;
c. The Client files for bankruptcy, is declared bankrupt, transfers its assets, applies for a grace period, or
is subject to a seizure on all or part of its assets which is not lifted within 10 days of the seizure;
d. The Client decides to wind up or transfer its company or a substantial part of it, including its
company’s contribution to a company to be created or an existing one, or decides to change the
purpose of its company or to liquidate it;
e. Death, if the customer is an individual.
13.2 Davjon has the right in the cases mentioned in paragraph 13.1, without any obligation to pay
compensation and without prejudice to its rights, such as rights to expenses or interest that have
already expired, as well as the right to compensation, and without notice of default or requiring legal
intervention:
a. to declare the termination of the agreement in whole or in part by written notice to the customer
and/or
b. to immediately and in full demand any amount due to the customer to Davjon and/or
c. to invoke the retention of title established based on Article 7.
Article 14 Personal data
14.1 Davjon will process the customer’s data only by its privacy policy. Davjon takes into account the
applicable privacy rules and legislation.
Article 15 Delivery outside Belgium but within the EU
15.1 To qualify for the ICL rate (intra-community deliveries), you must provide a valid VAT number
corresponding to your company’s or foundation’s business address.
15.2 Orders for equipment subject to special taxes in the country of delivery will not be fulfilled.
Article 16 Applicable law
16.1 All agreements concluded between the parties and the legal relationships arising therefrom shall be
governed exclusively by Belgian law.
16.2 In the event of a dispute, the courts at the place of the seller’s registered office shall have
jurisdiction only.